AUTHORITY: Sec. 1, 37 Stat. 315, as amended; sec. 5, 37 Stat. 316, as amended; sec. 7, 37 Stat. 317, as amended; secs. 8 and 10, 37 Stat. 318, as amended; sec. 9, 37 Stat. 318; sec. 10, 45 Stat. 468; sec. 15, 45 Stat. 565; 56 Stat. 40, as amended; secs. 103 and 105, 71 Stat. 32, as amended; sec. 106, 71 Stat. 33; sec. 108, 71 Stat. 34, as amended; sec. 11(a), 87 Stat. 897; sec. 4, 95 Stat. 1074; 7 U.S.C. 149, 150bb 150dd, 150ee, 150gg, 154, 159164a, 167, 16 U.S.C. 1540(a), 3373 (a) and (b), 7 CFR 2.17, 2.51, 371.2(c). Subpart A-General § 380.1 Scope and applicability of rules of practice. The Uniform Rules of Practice for the Department of Agriculture promulgated in Subpart H of Part 1, Subtitle A, title 7 CFR are the Rules of Practice applicable to adjudicatory, administrative proceedings under the following statutory provisions: Act of August 20, 1912, commonly known as the Plant Quarantine Act, section 10, as amended (7 U.S.C. 163, 164), Act of January 31, 1942, as amended (7 U.S C. 149), Federal Plant Pest Act, section 108, as amended (7 U.S.C. 150gg), Endangered Species Act Amendments of 1973, as amended, section 11(a) (16 U.S.C. 1540 (a)), and Lacey Act Amendments of 1981, section 4 (a) and (b) (16 U.S.C. 3373 (a) and (b)). In addition, the Supplemental Rules of Practice set forth in Subpart B of this part shall be applicable to such proceedings. [49 FR 22247, May 29, 1984] Subpart B-Supplemental Rules of Practice § 380.10 Stipulations. (a) At any time prior to the issuance of a complaint seeking a civil penalty under any of the Acts listed in § 380.1, the Administrator, in his discretion, may enter into a stipulation with any person in which: (1) The Administrator or the Administrator's delegate gives notice of an apparent violation of the applicable Act, or the regulations issued thereunder, by such person and affords such person an opportunity for a hearing regarding the matter as provided by such Act; (2) Such person expressly waives hearing and agrees to pay a specified penalty within a designated time; and (3) The Administrator agrees to accept the specified penalty in settlement of the particular matter involved if the penalty is paid within the designated time. (b) If the specified penalty is not paid within the time designated in such a stipulation, the amount of the stipulated penalty shall not be relevant in any respect to the penalty which may be assessed after issuance of a complaint. 148 FR 33468, July 22, 1983] PARTS 381-399 [RESERVED] FINDING AIDS A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually. Material Approved for Incorporation by Reference Table of CFR Titles and Chapters Alphabetical List of Agencies Appearing in the CFR Material Approved for Incorporation by Reference The Director of the Federal Register has approved under 5 U.S.C. 552(a) and 1 CFR Part 51 the incorporation by reference of the following publications. This list contains only those incorporations by reference effective as of the revision date of this volume. Incorporations by reference found within a regulation are effective upon the effective date of that regulation. For more information on incorporation by reference, see the preliminary pages of this volume. 7 CFR CHAPTER III (PARTS 300-399) ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF Agriculture Department 7 CFR Regulatory Support Staff, Plant Protection and Quarantine Programs, Plant Protection & Quarantine Programs Treatment Manual-Jan. 1976 330.3(a); 301.48–1; (revised as of Dec. 1980). Plant Protection & Quarantine Treatment Manual-May 1985 revised as of March 1989. 331.7(a) 300.1; 300.93-10 40-013 0-90--13 |